Duncan misses deadline for wrongful death suit

BOISE – Convicted murderer and sex offender Joseph Duncan failed to reply in time to a wrongful death lawsuit filed by the father of the children Duncan is accused of killing or kidnapping, according to a finding entered into federal court Friday.

Duncan was found in default of the lawsuit filed by Steven Groene. The finding, entered by a clerk in U.S. District Court here at Groene’s request, allows Groene to ask Judge B. Lynn Winmill to rule in his favor in the civil suit without hearing from Duncan.

Groene filed the lawsuit in October, alleging Duncan was responsible for the 2005 deaths of 13-year-old Slade Groene, 9-year-old Dylan Groene and their mother, Brenda Matthews Groene. Steven Groene also claimed that Duncan caused intentional infliction of emotional distress and battery against Shasta Groene, who was 8 at the time.

Duncan has pleaded guilty in Idaho state court to killing three members of the family at their home on May 16, 2005. Brenda Groene; her fiance, Mark McKenzie; and Slade Groene were fatally bludgeoned with a hammer.

In the lawsuit, Groene asked the judge to prevent Duncan from profiting from the crimes by writing books, providing television or movie content or any other activities. He also asked for a jury trial and monetary damages in an amount to be proven in court.

Though Duncan was served with the lawsuit on Dec. 21, 2006, he did not file anything in the case or otherwise respond, Groene’s attorney, Jon Simmons, said in a court document. Neither Simmons nor Groene immediately returned telephone and e-mail messages Friday seeking comment.

The court has no record of an attorney representing Duncan in the civil lawsuit; attorneys representing him on the federal criminal charges could not be reached.